BRAIMOH OWUDA V. BABALOLA LAWAL

IRIKEFE, J.S.C. (Delivering the Leading Judgment): All the grounds of appeal in this matter deal with issues of fact, for which leave to appeal ought to have been obtained. There is no evidence that leave either of the Court of Appeal or this court was in fact obtained. There is also the fact that there are three concurrent findings of fact against this appellant and in such a situation, this court would be loath to disturb such findings on all available authorities. I am even amazed by the fact that appellant's counsel should have considered it appropriate, as he did, to prosecute this appeal, when as he argued in his brief, to use his own words - "the land being litigated upon cannot be said to enjoy definitive certainty as required by law." If an appellant who is the plaintiff in an action for title to land admits that the land the subject of the action cannot be ascertained with certainty, then a court trying the case would be justified in dismissing same.

There is clearly no meri…